Bill No. 0038
Amendment No. 001615
Senate House

1Representative(s) Hasner offered the following:
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
7     Section 1.  The facts stated in the preamble to this act
8are found and declared to be true.
9     Section 2.  The North Broward Hospital District is
10authorized and directed to appropriate from funds of the
11hospital district not otherwise appropriated and to draw a
12warrant in the sum of $668,781.96, plus the interest that has
13accrued on those funds in the account maintained by the
14district, to purchase an annuity benefiting the special needs
15trust established for the care and benefit of Adam Susser, minor
16child of Judith Susser and Gary Susser, as compensation for
17injuries and damages sustained as a result of the negligence of
18the North Broward Hospital District.
19     Section 3.  Payment for attorney's fees and costs incurred
20by the claimant's attorneys shall not exceed $108,764. Payment
21for the professional services and costs of lobbyists advocating
22for passage of this claim shall not exceed $6,688.
23     Section 4.  This act shall take effect upon becoming a law.
26======= T I T L E  A M E N D M E N T ==========
27     On page 1, line 1, through page 4, line 16, remove all of
28said lines, and insert:
A bill to be entitled
31An act for the relief of Adam Susser by the North Broward
32Hospital District; providing for the relief of Adam
33Susser, a minor, by and through his parents and natural
34guardians, Judith Susser and Gary Susser; providing for an
35appropriation to compensate him for injuries and damages
36sustained as a result of the negligence of the North
37Broward Hospital District, d.b.a. Coral Springs Medical
38Center; providing for purchase of an annuity to benefit
39the special needs trust; providing for payment of
40attorney's fees, lobbyist's fees, and costs; providing an
41effective date.
43     WHEREAS, in July 2000, Gary Susser, a lawyer, and his wife,
44Judith Susser, a paralegal, were residing in Boca Raton,
45Florida, and
46     WHEREAS, prior to her marriage to Gary Susser, Judith
47Susser was unable to have children, and
48     WHEREAS, after their marriage, Judith and Gary Susser badly
49wanted to have children, despite the fact that Judith Susser was
5047 years of age, and
51     WHEREAS, Judith Susser went to a fertility expert and was
52finally able to become pregnant through in vitro fertilization,
54     WHEREAS, prenatal tests revealed that Judith Susser was
55pregnant with twins, and consequently Judith and Gary Susser
56were looking forward to the birth of their twin boys, and
57     WHEREAS, Judith and Gary Susser sought out high-risk
58pregnancy experts who could guide them through Judith Susser's
59pregnancy in order to ensure that her pregnancy progressed
60safely and without complications, and
61     WHEREAS, Judith Susser kept all of her appointments and
62complied with all orders by her physicians, and
63     WHEREAS, at approximately 34 weeks gestation, Judith
64Susser's membrane on the sac holding Adam Susser ruptured, and
65     WHEREAS, Gary Susser immediately took his wife to the Coral
66Springs Medical Center where, on July 6, 2000, she was admitted
67by her obstetrician's office and where she remained until her
68discharge on July 12, 2000, and
69     WHEREAS, during the admission, a high-risk perinatal
70expert, Dr. Christine Edwards, as well as Dr. Kerry Kuhn and Dr.
71Carrie Greenspan, Dr. Kuhn's partner, also saw Judith Susser,
73     WHEREAS, despite a nonreassuring fetal heart pattern and
74despite the fact that the nurses kept having difficulties
75getting the fetal monitoring to perform properly, the pregnancy
76was allowed to continue for 4 and 1/2 days, with the nurses
77never reporting the abnormal test results or the difficulties
78they were having with the fetal monitoring equipment to the
79physicians, and
80     WHEREAS, two days into Judith Susser's labor, a biophysical
81profile was ordered to be performed by Dr. Edwards, and
82     WHEREAS, that biophysical profile yielded abnormal
83indications and, although they were not reported by the nurses,
84the obstetricians were aware of the abnormal results, and
85     WHEREAS, despite this, the obstetricians allowed Judith
86Susser's labor to continue, and
87     WHEREAS, finally, on the early morning of the fifth day of
88labor, Judith Susser was taken to the operating room for
89delivery, and
90     WHEREAS, the physician in charge was insistent on
91performing a vaginal delivery despite all the obvious needs for
92an emergency cesarean section, and
93     WHEREAS, when Dr. Kuhn reached the delivery room, he asked
94for fetal monitoring to be commenced and the nurses indicated
95that they could not bring the fetal monitoring machine into the
96delivery room because they did not have a fetal monitor for
97twins available, and
98     WHEREAS, Gary Susser then asked the nurses to get the fetal
99monitoring machine from the room that Judith Susser had
100previously been in for 4 days, which demand was also made by Dr.
101Kuhn, and the nurses said they could not remove the monitoring
102machine from the wall, and
103     WHEREAS, for the next hour there was only manual monitoring
104of Adam Susser, and Dr. Kuhn continued to wait, and
105     WHEREAS, on July 10, 2000, Adam Susser was born by vaginal
106delivery, and
107     WHEREAS, tragically, as a result of the extraordinary and
108egregious malpractice by the physicians and nurses at the Coral
109Springs Medical Center, Adam Susser was born severely depressed
110and oxygen-deprived, which led to severe brain damage, and
111     WHEREAS, Adam Susser cannot walk and will never be able to
112walk, cannot sit up on his own, cannot use his hands or arms, is
113cortically blind, needs to be fed through a feeding tube, and is
114severely mentally and physically impaired, and
115     WHEREAS, though by all accounts Adam Susser will have a
116normal life expectancy, which means that he should live into his
11770's, Adam Susser will require medical care and treatment for
118the remainder of his life, and
119     WHEREAS, the negligent care administered by the Coral
120Springs Medical Center formed the basis of legal action against
121the North Broward Hospital District, d.b.a. Coral Springs
122Medical Center, and
123     WHEREAS, the matter was settled prior to trial with the
124overall settlement amount being $9.8 million, and
125     WHEREAS, the hospital's private insurer, the Zurich
126Insurance Company, paid the claimants the amount of
127$3,831,218.04 on behalf of the North Broward Hospital District,
129     WHEREAS, the North Broward Hospital District paid $200,000
130for the benefit of Adam Susser pursuant to the limits of
131liability set forth in section 768.28, Florida Statutes, and
132     WHEREAS, in addition, the North Broward Hospital District
133fully supports the passage of a claim bill for the amount of
134$668,781.96, NOW, THEREFORE,

CODING: Words stricken are deletions; words underlined are additions.